ABC Challenges Trump-Controlled FCC Probe Into The View Equal-Time Rule Over James Talarico
Image: Variety

ABC Challenges Trump-Controlled FCC Probe Into The View Equal-Time Rule Over James Talarico

08 May, 2026.USA.9 sources

Key Takeaways

  • ABC says FCC probe violates First Amendment and chills protected speech.
  • The View operates under a long-standing bona fide news exemption, unchanged by FCC.
  • Carr-led FCC probe ties to Trump administration, drawing charges of political motivation.

FCC probes The View

ABC is challenging a Trump-controlled Federal Communications Commission investigation into whether its daytime talk show “The View” violated the FCC’s “equal-time rule” after an appearance by Texas Democratic Senate nominee James Talarico in February.

ABC is fighting back against the Trump administration’s attempt to police broadcast television content, saying in a filing that the Federal Communications Commission is violating the First Amendment

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ABC says the show is covered by an exemption granted to it more than twenty years ago and argues the FCC’s actions create a “chilling effect” on First Amendment freedoms.

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In response to the probe, ABC filed a petition with the FCC on Thursday asking for a declaratory ruling about whether “The View” qualifies for the exemption.

FCC chairman Brendan Carr told reporters that “The FCC has an enforcement action underway on that,” referring to the agency’s look at whether “The View” violated equal-time rules by featuring a Texas Senate candidate without affording the same platform to rivals.

ABC’s filing also argues the FCC’s probe is broader than one program, saying it “threaten[s] to upend decades of settled law and practice and chill critical protected speech, both with respect to ‘The View’ and more broadly”.

ABC calls it retaliation

ABC’s petition, filed on Thursday and described as a strongly worded pushback by KTRK-TV in Houston, accuses the FCC of punishing the network for political purposes in its enforcement action over “The View.”

In the station’s filing, KTRK-TV argues that “Some may dislike certain — or even most — of the viewpoints expressed on The View or similar shows,” but that “cannot justify using regulatory processes to restrict those views.”

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The FCC, in a statement, said it will review Disney’s assertion that “The View” is a “bona fide news program” and thus exempt from the political equal time rules.

Anna M. Gomez, the lone Democratic appointee on the three-person FCC panel, praised Disney for “choosing courage over capitulation,” writing that “The days of the FCC as a paper tiger are numbered.”

ABC also points to what it calls unequal treatment, saying the FCC has not opened inquiries into radio talk shows hosted by conservative allies of the president, including Mark Levin and Glenn Beck.

What’s at stake next

Beyond the “equal time” dispute, ABC is also facing an FCC early review of eight broadcast licenses owned and operated by the network, with the agency ordering it to apply early to renew those licenses.

ABC fired back against the Federal Communications Commission (FCC) in a petition filed on Thursday regarding the agency's ongoing probe against "The View

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The FCC’s license pressure campaign is described as arriving amid a clash between the White House and ABC over a joke late-night host Jimmy Kimmel made about first lady Melania Trump, and Carr said Disney is “going to have to come in and demonstrate that they’ve been operating in the public interest.”

ABC’s legal filings argue the FCC’s uncertainty about broadcast editorial discretion threatens to limit news coverage of political candidates and chill “core First Amendment-protected speech for years and potentially decades to come,” according to a letter signed by Paul Clement.

Fox News Digital quoted a government source saying Disney’s statement was “absurd on its face,” while the FCC spokesperson reiterated that “The equal time law encourages more speech and empowers voters to decide the outcome of elections.”

ABC’s fight over “The View” is being framed alongside the FCC’s broader scrutiny of Disney’s diversity, equity and inclusion practices, with Variety reporting that ABC produced over 6,200 pages of documents between July and September 2025 and an additional 4,839 pages by April 21, 2026.

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